SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2013

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(*) Case Correction

  Citation & Summary
Delivered
208 Meyer v The State (46/12) [2013] ZASCA 208 (28 November 2013)
Criminal law – application for special leave to appeal, for condonation of the late filing of the application and an application to lead new evidence – tests restated – evidence of independent witnesses overwhelming on convictions – requirements for the presenting of new evidence not met – sentence – material misdirection by the trial court in respect of applicability of the minimum sentence legislation – special leave to appeal granted against sentence on two murder counts – sentence set aside and, upon consideration de novo, life sentences substituted with sentence of 24 years’ imprisonment.
28 Nov
207 Reward Ventures 01 CC v Walker (946/12) [2013] ZASCA 207 (05 December 2013)
Review application – s 33(1) of the Arbitration Act 42 of 1965 – whether arbitration award which did not expressly dismiss the opposing parties’ counter-claims final – whether the arbitrator committed a gross irregularity by making such an award.
Media Summary
05 Dec
206 Harmony Gold Mining Company Ltd v Regional Director: Free State Department of Water Affairs (971/12) [2013] ZASCA 206 (4 December 2013)
Directive in terms of s 19(3) of the National Water Act 36 of 1998 – whether directive: (a) became invalid or unenforceable vis-à-vis gold mining company that was required to take anti-pollution measures when it ceased to be a person who owns, controls, occupies or uses land on which gold mining operations were undertaken that caused pollution (b) is invalid for want of specifying date by which the anti-pollution measures must be completed; (c) in its own terms is infinite and therefore invalid; or (d) of itself by implication came to an end.
04 Dec
205 Mangoma v S (155/13) [2013] ZASCA 205 (02 December 2013)
Rape – Child witnesses – Assessment of evidence – State failed to satisfy the onus.
02 Dec
204 Lenferna v Lenferna (120/13) [2013] ZASCA 204 (2 December 2013)
Husband and wife – Divorce – Proprietary Rights ─ Parties married in Mauritius under Separation of Goods Regime – parties domiciled in Mauritius at time of marriage – Wife claiming one half of the value of certain immovable properties registered in husband’s name – Proprietary consequences of the marriage determined by lex domicillii matrimonii at time of marriage.
Media Summary
02 Dec
203 Van der Molen v Fagan (41/2013) [2013] ZASCA 203 (02 November 2013)
Rei vindicatio – whether ownership of a motor vehicle fraudulently acquired from seller and sold to an innocent third party passed to purchaser who did not make payment – iusta causa for transfer – whether seller estopped from asserting ownership of the vehicle against innocent third party.
Media Summary
02 Dec
202 Coface South Africa Insurance Co Ltd v East London Own Haven t/a Own Haven Housing Association (050/13) [2013] ZASCA 202 (02 December 2013)
Construction guarantee – liability absolute and unconditional – disputes in relation to the construction agreement precluded – majority decision in Dormell Properties v Renasa Insurance NNO 2011 (1) SA 70 (SCA) held to be clearly wrong – appeal dismissed.
Media Summary
02 Dec
201 Mulovhedzi v The State (257/13) [2013] ZASCA 201 (2 December 2013)
Evidence ─ adequacy of proof ─ single witness ─ corroboration.
Media Summary
02 Dec
200 Magezi v S (247/13) [2013] ZASCA 200 (02 December 2013)
Rape – Sentence – Section 39(2)(a)(i) of the Correctional Services Act 111 of 1998 – Where an accused is convicted of two or more offences and has been sentenced to punishment consisting of life imprisonment and other determinate sentences, such sentences or sentence of imprisonment are subsumed under the life sentence – They run concurrently with the sentence of life imprisonment.
02 Dec
199 Khorommbi & another v The State (527/2013) [2013] ZASCA 199 (2 December 2013)
Appeal against convictions for rape – version of the complainants inherently improbable – report made to the mother inadmissible – good cause shown to set aside the conviction.
02 Dec
198 Kruger v The State (612/13) [2013] ZASCA 198 (2 December 2013)
General Law ─ rape ─ statement of complainant implicating alleged offender made shortly after the incident ─ such statement and the emotional state of complainant at that time supporting conclusion that she had been raped.
Media Summary
02 Dec
197 Slinger v The State (233/13) [2013] ZASCA 197 (2 December 2013)
Criminal procedure – appeal against decision of high court refusing leave to appeal on petition to it following magistrate’s refusal of leave – merits of magistrate’s decision to convict and sentence applicant not an issue before SCA – appeal to SCA limited to whether high court had correctly refused applicant’s petition.
Robbery – several persons robbed – possibility of duplication of charges raised but not decided.
Unlawful possession of firearm – joint possession – approach in S v Mbuli 2003 (1) SACR 97 (SCA) para 71 affirmed.
Media Summary
02 Dec
196 Motowest Bikes & ATVS v Calvern Financial Services (138/13) [2013] ZASCA 196 (2 December 2013)
Contract of depositum – whether came into existence when respondent left his vehicle to be washed at appellant’s car wash – whether subject to owner’s risk clause – evidence - appellate court’s limited powers of interfering with trial court’s findings of fact, particularly credibility and demeanour findings – punitive costs order – no reasons furnished – discretion not judicially exercised and punitive costs order not warranted – appeal upheld in part.
02 Dec
195 Theron v Loubser (161/13) [2013] ZASCA 195 (2 December 2013)
Trusts – locus standi - any person who has an interest in entitled to approach the court for declaratory relief as to who are the trustees of the trusts.
Media Summary
02 Dec
194 Fourier Approach v West (921/12) [2013] ZASCA 194 (2 December 2013)
Interpretation of a contract ─ meaning of phrase ‘sales realised’ ─ not including interest on sale price. Tender of payment ─ not discharging obligation to pay.
Media Summary
02 Dec
193 Herman v The State (948/2012) [2013] ZASCA 193 (29 November 2013)
Appeal against convictions – the evidence of the State and the accused to be considered – no basis to interfere with the conviction – appeal dismissed.
29 Nov
192 Magano v S (849/12)[2013] ZASCA 192 (30 November 2013)
Criminal law - sentence
29 Nov
191 Mahlase v The State (255/1211) [2011] ZASCA 191 (29 May 2011)
Appeal against sentence – two misdirections – convictions for offences committed after offences in issue not previous convictions – Part I Schedule II of the Criminal Law Amendment Act 105 of 1997 not applicable – other rape incidents not proven – court on appeal required to interfere with the sentence.
29 Nov
190 Jakins v Baxter (178/13) [2013] ZASCA 190 (29 November 2013)
Disputed clause in an antenuptial contract – proper interpretation.
29 Nov
189 Kievits Kroon Country Estate v Mmoledi (875/12) [2013] ZASCA 189 (29 November 2013)
Unfair dismissal – whether employee’s reliance on a ‘calling from ancestors’ justifiable reason for disobeying employer’s instruction for employee to report for duty – whether traditional healer’s certificate to be equated with medical certificate for purposes of sick leave.
Media Summary
29 Nov
188 Pezula Private Estate (Pty) Ltd v Metelerkamp (149/2013) [2013] ZASCA 188 (29 November 2013)
Prescription – acquisitive prescription – nec precario – failure to prove non precarious user or adverse user – failure to prove benefit in a praedial servitude.
29 Nov
187 Kingswood Golf Estate (Pty) Ltd v Witts-Hewinson & another (223/13) [2013] ZASCA 187 (29 November 2013)
Contract – whether clause 1. 2. 4 of the addendum to the deed of sale concluded by the parties is so vague that it can be regarded as void for vagueness and thus unenforceable – whether the court below erred in considering the post-contractual newsletter of November 2004 to give content to clause 1. 2. 4 – whether the court below erred in ordering the appellant to construct a clubhouse substantially in compliance with the newsletter within two years of the order.
Media Summary
29 Nov
186 Dr JS Moroka Municipality v The Chairperson of the Tender Evaluation Committee of the Dr JS Moroka Municipality (937/2012) [2013] ZASCA 186 (29 November 2013)
Tender ─ requirement that tenderers submit original tax clearance certificate or be disqualified ─ failure to provide original certificate ─ absence of power to condone non-compliance ─ not affected by regulations permitting council to address enquiries to SARS.
Media Summary
29 Nov
185 Motala v The Master (313/13)[2013] ZASCA 185 (29 November 2013)
Company – dissolution in terms of s 419 of Companies Act 61 of 1973 – application to declare dissolution void in terms of s 420 of Companies Act – effect of – court’s discretion to declare dissolution void – exercise of.
Media Summary
29 Nov
184 Afriforum v The Minister of Trade and Industry (469/13) [2013] ZASCA 184 (29 November 2013)
Application in terms of rule 11(1)(b) of Supreme Court of Appeal rules to dispose of appeal without hearing on merits – dismissal of appeal.
29 Nov
183 Absa Bank v Hanley (08/13) [2013] ZASCA 183 (29 November 2013)
Bank and customer relationship – payment instruction unauthorised – duties of customer in drawing payment instrument – proximate cause of loss – negligence of bank.
29 Nov
182 Guardrisk Insurance Company Ltd v Kentz (Pty) Ltd (94/2013) [2013] ZASCA 182 (29 November 2013)
Construction guarantee – similar to letter of credit – obligation independent of underlying contract – payment to be made if conditions in guarantee met – guarantor can only escape liability on proof of fraud on part of beneficiary.
29 Nov
181 Clearfreight (Pty) Ltd v Pictech Sales CC (186/12) [2013] ZASCA 181 (29 November 2013)
Contract of deposit – whether depositor proved delivery to depository of goods alleged to have been lost in storage.
29 Nov
180 I O Tech Manufacturing (Pty) Ltd v Gallagher Group Ltd (872/12) [2013] ZASCA 180 (29 November 2013)
Patent ─ infringement not proven ─ documentary evidence inadmissible ─ purported expert evidence of no probative value ─ in any event not all essential integers of the claims of the patent proved to
have been taken.
29 Nov
179 Tonkin v The State (938/12) [2013] ZASCA 179 (29 November 2013)
Appeal against refusal of petition for leave to appeal by high court – question whether this court can entertain appeal on the merits revisited – concluded that it has no jurisdiction to do so – dolus eventualis – element of reconciliation with foreseen harmful consequences materialising – not satisfied by mere fact that perpetrator proceeded with proposed conduct.
29 Nov
178 Prinsloo v The State (613/2013) [2013] ZASCA 178 (29 November 2013)
Bail – Pending appeal – court not functus officio in respect of further bail application based on new facts.
29 Nov
177 Solidarity obo Barnard v SAPS (165/2013) [2013] ZASCA 177 (28 November 2013)
Employment Equity Act 55 of 1998 – Employment Equity Plan devised in terms thereof – white female police captain not appointed as Superintendent despite being evaluated as best candidate – competing African male candidates not appointed – sought to be justified by National Commissioner of Police on the basis that there was no discrimination because competing candidates had not been appointed and that the appointment of a white female would affect representivity and militate against employment equity – also contended that post not ‘critical’ – held that there had been discrimination on the basis of race – that the SAPS had not discharged the onus of showing that the discrimination was fair – that classifying the position as not being ‘critical’ was contrived – that the Employment Equity Plan could not be mechanically and rigidly applied – not an absolute bar to appointment of the complainant – discussion of the difficulties attendant upon transforming society.
Media Summary
28 Nov
176 Bothma Batho Transport v S Bothma & Seun Transport (802/2012) [2013] ZASCA 176 (28 November 2013)
Contract – interpretation a unitary process commencing with the words and construing them in the light of all relevant circumstances – no distinction to be drawn between background and surrounding circumstances.
Media Summary
28 Nov
175 City of Cape Town Municipality v SA Local Authorities Pension Fund (175/2013) [2013] ZASCA 175 (28 November 2013)
Scope of jurisdiction of Pension Funds Adjudicator to determine and investigate a complaint where proceedings have been instituted in the high court relating to the same subject matter lodged with the Adjudicator ─ Adjudicator’s jurisdiction excluded by s 30H(2) of the Pension Funds Act 24 of 1956.
Media Summary
28 Nov
174 Northern Estate and Trust Administrators V Agricultural and Rural Development Corporation (117/13) [2013] ZASCA 174 (28 November 2013)
Contract – whether sale of shares agreement consensually cancelled, expressly or by conduct. Cession – cedent’s right to claim transfer of shares ceded – consequence of cession where debtor, in ignorance of prior cession, and cedent agreed to a cancellation of the sale of shares agreement.
28 Nov
173 Boschpoort Ondernemings (Pty) Ltd v Absa Bank Ltd (936/12) [2013] ZASCA 173 (28 November 2013)
Winding-up of a company – whether Companies Act 61 of 1973 or Companies Act 71 of 2008 applicable – inability to pay its debts – liquidation ordered in terms of Companies Act 61 of 1973 – appeal dismissed.
Media Summary
28 Nov
172 Mudau v S (276/13) [2013] ZASCA 172 (28 November 2013)
Criminal Law and Procedure – sufficiency of a statement in terms of s 112(1)(b) of the Criminal Procedure Act 51 of 1977 (the Act) – Whether the questioning by the presiding officer was adequate to justify a conviction – applicability of s 312 of the Act – court has a discretion to remit or set aside conviction and sentence if remittal will result in an injustice.
Media Summary
28 Nov
171 Makhokha v The State (258/13) [2013] ZASCA 171 (28 November 2013)
A confession that does not meet the requirements of s 217 (1) of the Criminal Procedure Act 51 of 1977 is not admissible as evidence. Conviction on the strength of it is irregular and vitiates trial. Conviction set aside.
28 Nov
170 Mudzanani v S (179/13) [2013] ZASCA 170 (26 November 2013)
No summary
26 Nov
169 Hyprop Invesments v NSC Carriers (935/12) [2013] ZASCA 169 (27 November 2013)
The three requirements of the exceptio rei judicata will not be relaxed so as to allow a plea of issue estoppel where that would result in inequity.
27 Nov
168 National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012) [2013] ZASCA 168 (27 November 2013)
Rome Statute of the International Criminal Court – crimes against humanity – Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (the ICC Act) – interpretation of s 4 of the ICC Act – competence of South African Police Service to investigate crimes against humanity committed outside of South Africa – ss 13, 17 of the South African Police Service Act 68 of 1995 – powers of the National Director of Public Prosecutions in terms of the National Prosecuting Authority Act 32 of 1998 – circumstances of case warrant initiation of investigation.
Media Summary
27 Nov
167

EB Steam Company (Pty) Ltd v Eskom Holdings Soc Ltd (979/2012)[2013] ZASCA 167 (27 November 2013)
Winding-up application – requirement that application papers be furnished to employees in terms of s 346(4A) of the Companies Act 61 of 1973 – requirement peremptory – what is necessary for compliance explained – time when papers to be furnished – mode of furnishing papers discretionary and under control of court.
Media Summary

27 Nov
166 Born Free Investments 364 (Pty) Ltd v Firstrand Bank Ltd (973/12) [2013] ZASCA 166 (27 November 2013)
Pactum de non cedendo – enforceability of – pactum created in contract creating non-transferable right – enforceable against liquidator in insolvency.
Media Summary
27 Nov
165 Zwane and another v The State (426/13) [2013] ZASCA 165 (27 November 2013)
Criminal law – robbery with aggravating circumstances – adequacy of proof – falsehoods not always indicative of guilt – doctrine of recent possession – requirements restated – evidence adduced by the State not sufficient to sustain convictions – appeal upheld and convictions and sentences set aside.
27 Nov
164 Thunder Cats Investments 92 (Pty) Ltd v Nkonjane Economic Prospecting and Investment (Pty) Ltd (847/12) [2013] ZASCA 164 (26 November 2013)
Section 81(d)(iii) of Companies Act 71 of 2008 – winding-up on ground that it is ‘just and equitable’ – failure of relationship between shareholders having equal shareholding and representation on board –
clean hands – winding-up ordered.
26 Nov
163 The Democratic Alliance v The Kouga Municipality (151/13) [2013] ZASCA 163 (26 November 2013)
Local Government: Municipal Systems Act 32 of 2000 – appointment of managers contemplated by s 56 sought to be set aside – allegedly for want of compliance with s 56(1)(a) and s 66(3) of the Act.
Media Summary
26 Nov
162 Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 5 (873/12) [2013] ZASCA 162 (26 November 2013)
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act
19 of 1998 (PIE) – s 4 – eviction of unlawful occupiers.
Media Summary
26 Nov
161 Country Cloud Trading CC v MEC, Department of Infrastructure Development (751/12) [2013] ZASCA 161 (26 November 2013)
Delictual claim by stranger to a contract against contracting party who intentionally repudiated the contract for loss suffered by the stranger as a result of that repudiation.
26 Nov
160 Maseti v S (353/13)[2013] ZASCA 160 (25 November 2013)
Criminal law – sexual offences – improper splitting of charges – attempt to commit a sexual offence – need to specify the offence in the charge sheet – proper approach to evidence – inability of accused to proffer reason for allegations against him not, on its own, a proper ground for rejecting his evidence or convicting him.
25 Nov
159 Cowan v Hathorn (176/2013) [2013] ZASCA 159 (25 November 2013)
Section 32(1)(b) Insolvency Act 24 of 1936 – indemnity not furnished prior to institution of proceedings – subsequently furnished – in circumstances of case object of section found to be satisfied –
proceedings not a nullity.
25 Nov
158 Orange Brand Services v Account Works Software (970/12) [2013] ZASCA 158 (22 November 2013) Trade Mark – prior application for registration - whether ‘likely to deceive or confuse’ - ORANGE and ORANGEWORKS relating to computer software. 22 Nov
157 The Standard Bank of SA v 3MFuture Africa (47/2013) [2013] ZASCA 157 (22 November 2013)
Patents – revocation for want of novelty – test to be applied reiterated – whether claims anticipated.
22 Nov
156 Public Investment Corporation v Bodigelo (128/2013) [2013] ZASCA 156 (22 November 2013)
Respondent, as part of his employment with appellant, nominated as non-executive director to boards of companies in which appellant held an interest – claimed payment of directors’ fees – trial court held that respondent failed to discharge onus of establishing his entitlement to fees and bonuses – on appeal full court held onus on appellant to establish entitlement to payments which it failed to discharge – in a further appeal held that fact that respondent was obliged to exercise an unfettered discretion qua director did not affect his obligations qua employee in terms of his employment contract with appellant – onus on respondent to establish entitlement to the payments which he had failed to do – appeal upheld – order of trial court dismissing respondent’s claim reinstated.
Media Summary
22 Nov
155 Cronimet Chrome Mining SA v Brodsky Trading 224 CC (851/12) [2013] ZASCA 155 (22 November 2013) Where an order given in the high court is final in effect, but is not definitive of the rights of the parties, nor disposes of a substantial part of the relief claimed, the order is not appealable. 22 Nov
154 Golden Arrow Bus Services v City of Cape Town (418/13) [2013] ZASCA 154 (22 November 2013) Where a municipality is negotiating with a vehicle operator to enter into a contract in respect of the provision of an Integrated Public Transport Plan, in terms of s 41 of the National Land Transport Act 5 of 2009, neither party is entitled to refer any dispute over the proposed terms of the contract to mediation or arbitration. 22 Nov
153 Nedbank v Procprops (108/13) [2013] ZASCA 153 (20 November 2013)
Banker ─ payment guarantee ─ interpretation ─ provision requiring delivery to bank of original guarantee with first demand for payment ─ only one payment by bank provided for.
20 Nov
152*

Mettenheimer v Zonquasdrif Vineyards CC (965/12) [2013] ZASCA 152 (19 November 2013)

(a) Trade Marks Act 194 of 1993 – appellants’ trade mark registered in respect of wine – used by the respondent in the course of trade with reference to wine grapes – whether goods so similar as to give rise to the likelihood of deception or confusion as contemplated in s 34(1)(b) of the Act.
(b) Close Corporations Act 69 of 1984 – whether respondent’s name calculated to cause damage to the appellants as contemplated in s 20(2)(b) of the Act.
19 Nov
151 Legea SRL v Acanfora (75/13) [2013] ZASCA 151 (11 November 2013)
Where a court order has no practical effect, an appeal against another court order not to rescind that order on the basis that it was erroneously given, is moot. Appeal dismissed.
11 Nov
150 Quartermark Investments (Pty) Ltd v Mkhwanazi & another (768/2012) [2013] ZASCA 150 (01/11/2013)
Contract – Sale of immovable property – induced by fraud – null and void – no intention on the part of the owner to transfer ownership – ownership does not pass despite registration – rei vindicatio available even if raised mero motu by the court if facts in support thereof appear in the papers – accords with the principle of legality.
01 Nov
149 Makatu v The State (612/12) [2013] ZASCA 149 (25 October 2013)
Appeal against both convictions and sentences – 3 counts – murder – rape (read with section 51(1) of the Criminal Law Amendment Act 105 of 1997) – robbery – pleas of guilty – whether the written statement in terms of s 112(2) of the Criminal Procedure Act 51 of 1997 set out all the essential elements which constituted the offences in respect of which the appellant pleaded guilty – whether the evidence on the murder charge was sufficient to support the inference of intent to kill – the proper approach to sentencing – whether the sentences imposed are appropriate.
25 Oct
148* Opposition to Urban Tolling Alliance v The South African National Roads Agency Limited (90/2013) [2013] ZASCA 148 (9 October 2013)
Administrative review – declaration of toll roads in terms of s 27 of Act 7 of 1998 – 180 day time limit contemplated in s 7(1) of Promotion of Administrative Justice Act 3 of 2000 – extension of time limit pursuant to s 9(2) considered.
09 Oct
147 Levenstein v The State (890/12) [2013] ZASCA 147 (1 October 2013)
Criminal law ─ director of company convicted of fraud and contraventions under the Companies Act 61 of 1973 ─ appeal succeeding on several counts and sentence reduced. Criminal Procedure ─ charge sheet and further particulars thereto the exclusive memorial of the charge the accused called on to meet.
Media Summary
01 Oct
146 Spencer v Memani (675/12) [2013] ZASCA 146 (1 October 2013)
Defence of lis alibi pendens – declaration about the same dispute sought in earlier action proceedings and in later motion proceedings – defence available where the same lis is pending in two cases in the same court – can be raised before litis contestatio – and immaterial that party raising the defence is the plaintiff in the other proceedings.
01 Oct
145 Smith Mining Equipment (Pty) Ltd v The Commissioner: South African Revenue Service (728/12) [2013] ZASCA 145 (01 October 2013)
Customs and Excise Act 91 of 1964 – tariff determination – section 47(9)(a)(i)(aa) of the Act – Kubota RTV 900 Utility Vehicles – imported – whether tariff heading 8904.21.80 or tariff heading 8709.19 is the most appropriate classification for customs duty.
01 Oct
144 De Haas v Fromentin (499/12) [2013] ZASCA 144 (30 September 2013)
Contempt of court arising out of failure to pay maintenance in terms of agreement of settlement ─ oral variation of agreement of settlement not established and in any event unenforceable as result of non-variation clause ─ no reason to interfere with exercise of discretion of court below in respect of sanction.
30 Sep
143 NUMSA v Abancedisi Labour Services (857/12) [2013] ZASCA 143 (30 September 2013)
Labour Relations Act 66 of 1995 – temporary employment service agreement under s 198(2) – employment contract between labour broker and its client terminable when client no longer required the services of labour broker’s employees for whatever reason – employees locked out from client’s premises for refusing to sign code of conduct – labour broker’s failure to reallocate work to employees and pay their wages thereafter tantamount to repudiation and a breach of their employment contract entitling them to cancel it – employees unfairly dismissed in terms of s 186(1)(a) read with s 188(1) of the Act – compensation of 12 months’ remuneration calculated at their remuneration rate at date of dismissal ordered.
30 Sep
142 Minister of Agriculture v C M De Klerk (747/2012) [2013] ZASCA 142 (30 September 2013)
Sale – Immovable property – whether conveyancer agent of seller or of purchaser in receiving payment of the purchase consideration from purchaser before payment thereof due to seller.
30 Sep
141 Chake v State (824/2012) [2013] ZASCA 141 (30 September 2013)
Criminal Procedure ─ amendment of s 309(1)(a) of the Criminal Procedure Act 51 of 1977 by s 84 as read with s 99(1) and Schedule 4 of the Child Justice Act 75 of 2008 ─ effect thereof ─ amendment repealing automatic right of appeal of an offender sentenced to life imprisonment by a regional court under s 51(1) of the Criminal Law Amendment Act 105 of 1997 ─ decision in S v Alam 2011 (2) SACR 553 (WCC) approved.
30 Sep
140 Azwifaneli Rasirubu v The State (656/12) [2013] ZASCA 140 (30 September 2013)
Appeal against sentence - evidence led at trial insufficient - unable ex facie the record to conclude that the discretion was exercised judicially - appellant already served a lengthy period of imprisonment - remittal not in the interests of justice - sentence substituted.
30 Sep
139 Absa Bank v Mkhize (716/12) [2013] ZASCA 139 (30 September 2013)
An order postponing the hearing of an application for default judgment so that the plaintiff is given an opportunity to take further steps the high court considers necessary under ss 129 and 130 of the National Credit Act 34 of 2005 is not appealable.
30 Sep
138 MEC for Finance and Economic Development, KwaZulu-Natal v Masifundisane Training (606/2012) [2013] ZASCA 138 (27 September 2013)
Public private partnership (PPP) – regulation 16 of the Treasury Regulations in respect of Government Departments, promulgated in terms of the Public Finance Management Act 1 of 1999 – alleged that PPP not concluded in accordance with regulation 16 and PPP agreement not binding on the MEC – dispute of fact incapable of resolution on the papers – not necessary or desirable to resolve legal issue – appeal upheld.
Media Summary
27 Sep
137 Mbaba v Mbaba (474/12) [2013] ZASCA 137 (27 September 2013)
Customary law ─ appellant seeking interdict to preserve estate of the deceased and the invalidation of a registered customary marriage between the deceased and the first respondent – appellant claiming to be the deceased’s only lawful customary wife – subsequently seeking determination of validity of the respective customary marriages – Practice – notice of motion ill-formulated and not suitably amended – requisites for final interdict not met – appeal dismissed.
Media Summary
27 Sep
136 CA Focus CC v Village Freezer t/a Ashmel Spar (731/12) [2013] ZASCA 136 (27 September 2013)
Section 26(7) of the Close Corporation Act 69 of 1984, which has now been repealed, retrospectively validates legal proceedings instituted during the period of deregistration, and interrupts prescription.
27 Sep
135 Ethekwini Municipality v SAMWU (442/11) [2013] ZASCA 135 (27 September 2013)
Appeal – s 21A(1) of the Supreme Court Act 59 of 1959 – power of court to dismiss appeal where judgment or order sought would have no practical effect or result.
Media Summary
27 Sep
134* Minister of Home Affairs v Scalabrini Centre, Cape Town (735/12 & 360/13) [2013] ZASCA 134 (27 September 2013)
Refugee Reception Office – closure by the Director-General – review of the decision – whether ‘administrative action’ under Promotion of Administrative Justice Act 3 of 2000 – whether consistent with doctrine of legality.
27 Sep
133 Tshepo Bosielo v The State (71/13) [2013] ZASCA 133 (27 September 2013)
Evidence ─ adequacy of proof that rape occurred ─ onus on State to prove beyond reasonable doubt that complainant’s evidence credible and that the one accused’s version that it was with her consent false beyond reasonable doubt.
Media Summary
27 Sep
132 Gama v State (127/13) [2013] ZASCA132 (27/09/ 2013) (27 September 2013)
Criminal Law and Procedure: Section 217(1) of the Criminal Procedure Act 51 of 1977 – whether confession made by a suspect to undercover policeman, a captain in the SAPS, in regard to an offence is admissible against an accused without a trial within a trial.
27 Sep
131 Casey v Firstrand Bank (608/2012) [2013] ZASCA 131 (26 September 2013)
Irrevocable letter of credit – alleged prescription of claim – contended that declaration that underlying debt prescribed extends challenges to enforceability of letter of credit – absence of fraud – draw-down claim presented by beneficiary to issuing bank in accordance with its terms – bank obliged to honour claim – high court dismissing claim for a declarator that draw-down claim prescribed and for repayment
of proceeds – appeal dismissed.
Media Summary
26 Sep
130 Bornman v National Credit Regulator (798/12) [2013] ZASCA 130 (26 September 2013)
National Credit Act 34 of 2005 – debt counsellor – registration of – cancellation of registration by National Consumer Tribunal – s 57 – order for refund of money received in breach of Act and conditions of registrations.
26 Sep
129 Caesarstone Sdot-Yam Ltd v The World of Marble and Granite CC (741/12) [2013] ZASCA 129 (26 September 2013)
Defence of lis alibi pendens – requirements – defence available whenever a plea of res judicata would be available from decision in other action – immaterial that party raising the plea is the plaintiff in the other proceedings – exercise of discretion – court’s inherent power to regulate its proceedings.
Media Summary
26 Sep
128 Stabilpave v SARS (615/12) [2013] ZASCA 128 (26 September 2013)
Payment – Cheque sent through post stolen before it reached payee – Whether tax assessment form, on a proper construction thereof, afforded creditor a choice as to the mode of payment, and, if it did, whether creditor made a choice, expressly or by necessary implication, that payment should be effected by a cheque through the post, and creditor thereby assuming risk of loss of the cheque – Defence of payment dismissed.
26 Sep
127 Thinashaka v State (65/2013) [2013] ZASCA 127 (25 September 2013)
Criminal Law and Procedure ─ appeal against conviction and sentence of thirty years’ imprisonment on a conviction of rape ─ appeal against conviction dismissed ─ substantial and compelling circumstances having been found to exist ─ sentence reduced to 15 years’ imprisonment.
25 Sep
126 Mchunu v the State (825/2012) ZASCA 126 (25 September 2013)
Sentence – appeal by the appellants against an order fixing a non-parole period of 20 years’ imprisonment for each of the appellants – crimes committed before the promulgation of s 276B of the Criminal Procedure Act 51 of 1977 – appeal upheld – order was incorrectly made and set aside.
25 Sep
125 Mafokate v The Law Society of the Northern Provinces (786/12) [2013] ZASCA 125 (23 September 2013)
Attorney – misconduct – appropriate order – failure to account to clients – absence of accounting records – adequacy of explanation – evidence presented to be subjected to proper analysis – striking off order does not follow as a matter of course from the finding that the attorney is not a fit and proper person to continue practice – absence of exceptional circumstances in favour of the appellant.
23 Sep
124 Matshivha v The State (656/12) [2013] ZASCA 124 (23 September 2013)
Rape – evidence – child witnesses, administration of the oath, capacity of a child witness to understand the nature and import of the oath, finding of incapacity to be preceded by an enquiry – child witness to be admonished to speak the truth, effect of evidence given without compliance with s 164 of the Criminal Procedure Act 51 of 1977.
Murder – single witness – evidence subject to cautionary rule especially where contradicted by other factual and medical evidence.
Media Summary
23 Sep
123 PriceWaterHouseCoopers & others v National Potato Co-Operative Limited & another [2013]
ZASCA 123 (23 September 2013)
23 Sep
122 The State v Nkunkuma & others (101/13) [2013] ZASCA 122 (23 September 2013)
Appeal - In terms of s 316(B) of Criminal Procedure Act 51 of 1977 against sentences - prescribed minimum sentences – imposition of in terms of Criminal Law Amendment Act 105 of 1997 – correct approach – restated and applied – courts too frequently deviating from sentences prescribed by legislature for flimsiest of reasons – courts have a duty to implement these provisions and impose those sentences unless truly convincing reasons exist for departing from them.
Media Summary
23 Sep
121 Managa & 2 others v The State (118/13) [2013] ZASCA 121 (20 September 2013)
Evidence – sufficiency of – evidence adduced by the State insufficient to found a conviction.
20 Sep
120 Dexgroup (Pty) Ltd v Trustco Group International (Pty) Ltd (687/12) [2013] ZASCA 120 (20 September 2013)
Arbitration award – review for gross irregularity – s 33(1)(b) of Arbitration Act 42 of 1965.
20 Sep
119* Minister of Police v Du Plessis (666/2012) [2013] ZASCA 119 (20 September 2013)
Lawfully arrested person detained even after it became clear he had played no part in offence for which he had been arrested – prosecuting authority at first and subsequent court appearances gave no consideration to contents of the docket which indicated arrested person had merely been an innocent bystander – pressures under which police and prosecutors operate discussed – detention held to be unlawful – decision to prefer charges held to be without foundation – damages award by High Court justified.
20 Sep
118 CCMA v Law Society, Northern Provinces (005/13) [2013] ZASCA 118 (20 September 2013)
Labour Relations Act 66 of 1995 – constitutionality of rule 25(1)(c) of the rules of the Commission for Conciliation, Mediation and Arbitration – ss 9(3), 22, 33 and 34 of Constitution.
20 Sep
117 Fourie N.O. v Edkins (740/12) [2013] ZASCA 117 (19 September 2013)
Insolvency – circumstances under which a court can exercise its discretion in terms of s 20 (1)(c) of the Insolvency Act 24 of 1936 for or against the stay of execution, where the sheriff sold immovable property in execution of a judgment to a purchaser prior to the judgment debtor publishing a notice in terms of s 4 (1) of the above Act of his/her intention to apply for the sequestration of his/her estate and prior to the registration of the transfer into the name of the execution purchaser: Exceptional circumstances must be pleaded to persuade the court to validate the deed of sale and transfer of the property.
19 Sep
116 Capricorn Home Owners v Potgieter (752/2012) [2013] ZASCA 116 (19 September 2013)
Attorney erroneously transferring money ─ recipient refusing to refund it ─ relying on set-off ─ parties not mutually indebted to each other ─ funds drawn on trust account ─ attorney operating trust account acts as principal not as agent ─ entitled to recover erroneously transferred funds with condictio indebiti.
19 Sep
115 Bokolo v S (483/12) [2013] ZASCA 115 (18 September 2013)
Evidence ─ weight to be attached to DNA profiling. DNA profile of appellant not included in crime scene samples ─ in any event no evidence of the probability of that occurrence ─ probabilities on the facts pointing to innocence ─ conviction of rape set aside.
18 Sep
114 Bayerische Motoren Werke Aktiengesellschaft v Grandmark International (722/12) [2013]
ZASCA 114 (18 September 2013)

Designs Act 195 of 1933 – designs for replacement parts of motor vehicles – whether aesthetic designs – Trade Marks Act 194 of 1993 – descriptive use.
18 Sep
113 MedX (Randburg)(Pty) Ltd v Branfield (676/12) [2013] ZASCA 113 (18 September 2013)
Incorporated company – claim against director personally for debts of company pursuant to memorandum of incorporation prescribed by s 53(b) of Companies Act 61 of 1973 – defence based on express undertaking on behalf of creditor not to hold director personally liable – credibility issue as to whether undertaking was given.
18 Sep
112 Camworth Techologies Ltd v Videx Wire Products (Pty) Ltd (702/12) [2013] ZASCA 112 (17 September 2013)
Patent – infringement of – construction of specification – patented device and infringing device fundamentally different in operation – no infringement where essential integers of the claim in the patent not present in infringing device.
Media Statement
17 Sep
111 Minister of Safety and Security v Katise (328/12) [2013] ZASCA 111 (16 September 2013)
Where a peace officer without warrant arrests a person on the reasonable suspicion that he is committing acts of domestic violence the arrest will not be unlawful only because there is no domestic protection order against that person in place.
16 Sep
110 Axal Properties 2 CC v Kotze (712/2012) [2013] ZASCA 110 (16 September 2013)
Interpretation of s 34(3) of the Insolvency Act 24 of 1936 – sale of property by close corporation to appellants, set aside by high court on basis that claim of respondent arose in connection with the business of the CC – correct approach to determine whether claim arises in connection with business of CC – claim of respondent did not arise in connection with business of CC – appeal against decision of South Gauteng High Court accordingly upheld.
16 Sep
109 Le Roux v Nel (246/13) [2013] ZASCA 109 (16 September 2013)
Option to buy land in favour of appellants – subsequent sale of same land to first respondent – application of doctrine of notice – whether exercise of option complied with s 2(1) of Alienation of Land Act 68 of 1981 – application of doctrine of fictional fulfilment.
16 Sep
108 Association of Meat Importers v ITAC (769, 770, 771/12) [2013] ZASCA 108 (13 SEPTEMBER 2013)
Anti-dumping duties imposed under the Customs and Excise Act 91 of 1964 – termination – effect of World Trade Organisation Agreement – effect of regulations promulgated under the International Trade Administration Act 71 of 2002
13 Sep
107 Competition Commission v Yara (SA)(Pty) Ltd (784/12) [2013] ZASCA 107 (13 September 2013)
Competition Act 89 of 1998 – initiation of complaint by Commissioner in terms of s 49B(1) can be informal and even tacit – where referral to the Tribunal embodies new complaints not covered by complaint submitted by a complainant in terms of s 49B(2)(b) – the enquiry is whether new complaints were as a fact initiated by the Commission
13 Sep
106 Rossouw NO v Land and Agricultural Development Bank of South Africa (794/12) [2013] ZASCA 106 (13 September 2013)
Sale agreement – requirements of the actio ad exhibendum proved – estoppel not available as a cause of action in our law
13 Sep
105 The Land and Agricultural Development Bank of South Africa v Ryton Estates (Pty) Ltd (460/12) [2013] ZASCA 105 (13 September 2013)
Contract ─ mora ─ interest on unpaid interest – unless the parties agreed otherwise, a debtor who is in mora in regard to a contractual obligation to pay interest, is liable for payment of mora interest on the unpaid interest calculated at the prescribed rate
13 Sep
104 Florence v The Government of the RSA (550/12) [2013] ZASCA 104 (13 September 2012)
Section 33(eC) – appropriate method to cater for changes over time in the value of money – CPI adequate indicator – LCC exercised discretion judicially.
13 Sep
103 Solenta v Aviation @ Work (754/2012) [2013] ZASCA 103 (12 September 2013)
Prescription – Extinctive prescription – s 15(1) of the Prescription Act 68 of 1969 – whether the running of prescription is interrupted by service on debtor of combined summons whereby action is instituted by a plaintiff company which is not the creditor but subsequently substituted with the true one by means of an amendment after the prescriptive period.
Media Summary
12 Sep
102 SANRAL v The Toll Collect Consortium (796/2012)[2013] ZASCA 102 (12 September 2013)
Tender – review of decision to award – transparency and objective standards – what constitutes – no need to disclose basis for evaluating tenders.
Media Summary
12 Sep
101 Eskom Holdings v Hitachi Power Africa (139/2013) [2013] ZASCA 101 (12 September 2013)
Interpretation of a demand guarantee ─ Notice to contractor not necessary for employer to present guarantee for payment to the bank in the case of an on demand or call guarantee.
Media Summary
12 Sep
100 Fegen v Mphakathi (348/2012) [2013] ZASCA 100 (9 September 2013)
Successive sales of immovable properties – prescription raised by a second purchaser in relation to first purchaser’s right to enforce registration of transfer – onus discussed – held that there had been an ongoing acknowledgement of liability by the seller to the first purchaser to transfer as against payment of the purchase price – renunciation of benefit of prescription – second sale set aside by high court on basis that the second purchaser had knowledge of prior sale – held that the first purchaser had established on balance of probabilities that second purchaser had knowledge in the form of dolus eventualis of the prior right to obtain transfer of the property – second purchaser wilfully shut his eyes to the possibility of the prior rights and deliberately refrained from ascertaining the true position – Appeal against decision of the Eastern Cape High Court accordingly dismissed.
09 Sep
99 The Baphiring Community v Tshwaranani Projects CC (806/12) [2013] ZASCA 99 (6 September 2013)
Restoration of land under Restitution of Land Rights Act 22 of 1994. State obliged to lead evidence regarding cost of restoration. Failure of Land Claims Court to call for such evidence constitutes a material irregularity that vitiates a non-restoration order.
06 Sep
98* Nedbank Limited v Mendelow NO (686/12) [2013] ZASCA 98 (5 September 2013)
Where the Master of the High Court and the Registrar of Deeds perform clerical acts that result in the registration of transfer of immovable property pursuant to a fraud, and there is no intention on the part of a beneficiary of a deceased estate to transfer ownership, registration does not effect a transfer of ownership; the person in whose name the property is registered is not the owner and cannot grant a valid mortgage bond over the property. Purely clerical acts do not amount to administrative action reviewable under the Promotion of Administrative Justice Act 3 of 2000.
06 Sep
97 Herholdt v Nedbank Ltd (701/2012) [2013] ZASCA 97 (5 September 2013)
CCMA arbitration – review – s 145(2)(a) of the Labour Relations Act 66 of 1995 – grounds of review restated.
05 Sep
96 Sengama v State [2013] ZASCA 96 (23 August 2013)
Criminal Procedure Amendment Act 8 of 2013 – amendment of s 316(10)(c) of the Criminal Procedure Act 51 of 1977 – effect.
23 Aug
95 Lester v Ndlambe Municipality (514/12) [2013] ZASCA 95 (22 August 2013)
Local Government – demolition of a building erected without approved building plans – court not vested with any discretion where demolition applied for in terms of s 21 of the National Building Regulations and Building Standards Act 103 of 1977 – doctrine of legality requires courts to enforce statutory prohibitions the contravention of which constitutes a criminal offence
22 Aug
94 Peter Taylor & Associates v Bell Estates & another (558/12) [2013] ZASCA 94 (04 July 2013)
Prescription – whether service of a Rule 10(3) notice constitutes process as envisaged by s 15(1) and (6) of the Prescription Act 68 of 1969.
04 Jul
93 Knox D’Arcy AG v Land and Agricultural Development Bank of SA (654/12) [2013] ZASCA 93 (05 June 2013)
Contract – interpretation – whether appellants proved compliance with the provisions of a written agreement entitling them to a cession of book debts by respondent – issue arising not pleaded – necessity and purpose of pleadings restated.
Media Summary
05 Jun
92 McLaggan v The State (084/13) [2013] ZACSA 92 (June 2013)
Rape – evidence - complainant single witness – sufficient corroboration - all evidence, not only parts of it, to be taken into account when determining the guilt of accused – accused’s version not reasonably possibly true - appeal against conviction dismissed.
Media Summary
03 Jun
91

King Sabata Dalindyebo Municipality v Landmark Mthatha (Pty) Ltd & another (136/11) [2013]

ZASCA 91 (31 May 2013)
Contract – impossibility of performance due to vis major – whether party in breach excused from obligations under contract. Interest – unreasonableness of – short term loan – onus on party alleging unreasonableness to allege and prove that alternative places with lower rate of interest available.

31 May
90 Malgas v S (703/12) [2013] ZASCA 90 (31 May 2013)
Appeal against sentence imposed approximately ten years ago – where long delays attributable to the inertia of the appellants themselves this cannot justify interference by this court ─ appeal dismissed.
Media Summary

31 May
89 Ngqukumba v Minister of Safety & Security (660/12) [2013] ZASCA 89 (31 May 2013)

Search and seizure ─ seizure of motor vehicle by police in terms of ss 20 and 22 of the Criminal Procedure Act 51 of 1977 despite being unlawful not entitling person dispossessed to restoration if possession would be without lawful cause as contemplated in s 68(6)(b) of the National Road Traffic Act 93 of 1996. Costs ─ substantial success ─ appellant not achieving substantial success warranting a favourable costs order.
Media Summary

31 May
88 City of Tshwane v Blom 433/2012 [433/12] ZASCA 88 (31 May 2013)

Local authority – interpretation of sections 8(1) and 8 (2) of the Local Government: Municipal Property Rates Act 6 of 2004 ─ criteria according to which different categories are determined set out in s 8(2) ─list of categories of rateable property not intended to be exhaustive ─ competent for municipality to add a category of 'non-permitted use' to the list.
Media Summary

31 May
87 EMS v Health Professions Council of SA (116/2012) [2013] ZASCA 87 (31 May 2013)
The nature of the appeal created by s 20 of the Health Professions Act 56 of 1974 ─ whether it is a wide appeal or a restricted appeal, ie an appeal in the ordinary sense.
Media Summary
31 May
86 Arendsnes Sweefspoor CC v Dalia Marcelle Botha (471/12) [2013] ZASCA 86 (31 May 2013)
Civil Procedure – service of summons – Rule 4 (1) (a) (v) (Uniform Rules) – when sufficient to interrupt prescription in terms of section 15 (1) of the Prescription Act – service in substantial compliance with the rule.
Media Summary
31 May
85 Tladi v The State (895/12) [2012] ZASCA 85 (31 May 2013)
Criminal law – rape – assessment of evidence – whether two separate acts of rape proved – sentence – prescribed minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 read with Part III of Schedule 2.
31 May
84* Competition Commission of SA v Arcerlormittal SA Ltd (680/12) [2013] ZASCA 84 (31 May 2013)
Litigation privilege – requirements – purpose of document claimed to be privileged not to be ascertained by reference to its author, but by reference to the person under whose authority it was procured – waiver of privilege – party disclosing privileged document in pleading – implied waiver – litigant’s access to Competition Commission record under Commission rule 15 – confidential information – disclosure.
Media Summary
31 May
83 Radon Projects v N V Properties & another (528/12) [2013] ZASCA 83 (31 May 2013)
Dispute resolution – Principal Building Agreement of the Joint Building Contracts Committee 4th ed March 2004 – jurisdiction of arbitrator – duty of arbitrator when jurisdictional objection taken.
31 May
82 MEC for Environmental Affairs and Development Planning v Clairison’s CC (408/2012) [2013]
ZASCA 82 (31 May 2013)

Administrative law – review – decision-maker required to take relevant considerations into account - weight to be attached to relevant consideration within discretion of decision-maker – perception of predisposition to a decision not in itself objectionable.
Media Summary
31 May
81 Nemavhola v State (45/13) [2013] ZASCA 81 (30 May 2013)
Rape ─ conviction ─ sufficiency of proof ─ evidence of penetration not established ─ alibi in defence reasonably possibly true.
Media Summary
30 May
80 Magaliesberg Protection Association v MEC of  griculture & others (563/2012) [2013] ZASCA 80 (30 May 2013)
Application for ex post facto environmental authorisation in terms of s 24G(1) of National Environmental
Management Act 107 of 1998 – factors to be considered – impact on environment – mitigation measures, public participation process – environmental management programme – failure to consider
Environmental Management Framework – in circumstances of case inconsequential – no costs order against conservation group acting in the public interest.
Media Summary
30 May
79 The Kenmont School & another v Moodley & others  (454/12) [2013] ZASCA 79 (30 May 2013)
Appeal – s 21A(1) of the Supreme Court Act – power of court to dismiss appeal where judgment or order sought would have no practical effect or result.
Media Summary
30 May
78 Tshilidzi v S (650/12) [2013] ZASCA 78 (30 May 2013)

Criminal procedure ─ acceptance by prosecutor of plea of guilty on lesser or alternative charge at the outset of the trial ─ court bound thereby.

30 May
77 Robinson v State (472/12) [2013] ZASCA 77 (30 May 2013)

Criminal Law – whether the appellant was correctly convicted on two counts of fraud – whether the trial court erred in finding that the appellant made false representations to the complainant – whether the
court a quo erred in finding that the appellant had submitted the alleged fraudulent invoices to the complainant and thereafter demanded payment in respect thereof.

30 May
76* North East Finance v Standard Bank (492/2012) [2013] ZASCA 76 (20 May 2013)
A clause in a contract requiring parties to refer their disputes to arbitration is not as a rule enforceable if the contract itself is invalid. Whether the clause is separable from the contract such that it too is not invalid depends on an interpretation of the contract as a whole, and the context in which it was concluded.
29 May
75 Barnard v The State (891/2012) [2013] ZASCA 75 (29 May 2013)
Criminal Procedure – Leave to appeal – Where an accused obtains leave to appeal against the refusal in a high court of a petition seeking leave to appeal against a conviction and sentence in the regional court, the issue is whether leave to appeal should have been granted by the high court and not the appeal itself – the test is whether there is a reasonable prospect of success on appeal.
Media Summary
29 May
74 Van Reenen v Santam Ltd (623/12) [2012] ZASCA 74 (29 May 2013)
Prescription Act 68 of 1969 – when ‘debt’ claimed in terms of 156 of the Insolvency Act 24 of 1936 becomes due under s 12(1) and (3) of the Prescription Act – whether insurer’s opposition of third party’s action against liquidated insured constitutes acknowledgement of liability and interrupts running of prescription in terms of s 14(1) of the Prescription Act.
29 May
73* Road Accident Fund v Myhill NO (505/2012) [2013] ZASCA 73 (29 May 2013)
Contract ─ rescission of a contract concluded on behalf of a minor to settle minor’s claims ─ defendant sued not entitled to set-off against claims brought on behalf of minor by a custodian parent any amount
personally owed to it by the parent ─ settlement concluded on basis of such set-off and without making any allowance for real prospect of minor requiring future medical treatment ─ settlement substantially prejudicing minor ─ settlement set aside.
29 May
72 Buthelezi v Ndaba (575/2012) [2013] ZASCA 72 (29 May 2013)
Alleged medical malpractice – determination of negligence on the part of the surgeon – not to be inferred from concession by surgeon that something must have gone wrong during the operation – dependent on evaluation of the reasoning underlying conflicting expert opinions.
Media Summary
29 May
71 Hubbard v Cool Ideas 1186 CC (580/12) [2013] ZASCA 71 (28 May 2013)
Section 10 of Housing Consumers Protection Measures Act 95 of 1998 prohibiting unregistered
home builder from receiving any consideration for construction of home – arbitration award to that
effect cannot be made an order of court.
Media Summary
28 May
70 Retail Motor Industry Organisation v Minister of Water & Environmental Affairs (145/13) [2013] ZASCA 70 (23 May 2013)
Administrative law – functus officio principle – integrated industry waste tyre management plan subordinate legislation – functus officio principle does not apply – not necessary for new public participation process when plan that had been subjected to it republished – who may draft plan – not restricted to tyre producers –plan may only regulate management of waste pneumatic tyres – references to solid tyres severable.
23 May
69 Nedzamba v S (911/2012) [2013] ZASCA 69 (27 May 2013)
Criminal law – rape – indictment containing no reference to provisions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 – susceptible to amendment on appeal – no prejudice – convictions and related sentences liable to be quashed and set aside on basis of fundamental irregularities – cross-examination restricted or prevented – leading questions on critical issues permitted – unjustified interventions by trial judge – no care taken in relation to child witness – convictions and sentences set aside.
Media Summary
27 May
68 Oakdene Square Properties (Pty) Ltd v Farm Bothasfontein (Kyalami) (Pty) Ltd (609/2012) [2013] ZASCA 68 (27 May 2013)
Companies Act 71 of 2008 – application for business rescue in terms of s 131(4) – whether court’s decision amounts to exercise of discretion – what applicant has to show to satisfy requirement of
‘reasonable prospect for rescuing the company’.
Media Summary
27 May
67 GGB & another v MEC for Economic Development (620/2012) [2013] ZASCA 67 (27 May 2013)
Member of the Executive Council for Economic Development, Gauteng Provincial Government dissolving the Gauteng Gambling Board, ostensibly for not complying with an instruction to relocate to a central location to enable efficient service delivery – held that she acted with an ulterior purpose – to pressurise the Board into accommodating, in a building owned by it, a commercial entity named by her – public officials are constrained by the principle that they may exercise no power and perform no function beyond that conferred on them by law – principle of legality – decision to terminate the membership of all the members of the Board set aside – court expressing displeasure at the high-handed manner in which MEC behaved – courts in future should seriously consider holding such officials personally liable for costs.
Media Summary
27 May
66 Plaatjies v DPP, Transvaal (043/ 2013 [2013] ZASCA 66 (27 May 2013)
The effect of s 35(3)(m) of the Constitution ─ whether the legal position on the application of autrefois convict or autrefois acquit has been changed by the provisions of s 35(3)(m) and whether the common law should be developed to reflect this.
Media Summary
27 May
65 Topham v Member of Executive Committee for the Department of Health, Mpumalanga (351/2012)[2013] ZASCA 65 (27 May 2013)
Medical negligence – failure to diagnose hip dislocation resulting in avascular necrosis involving femur head – liability of medical doctor’s employer – issues relating to negligence and causality.
27 May
64 Municipality of Mossel Bay v The Evangelical Lutheran Church (443/12) [2013] ZASCA 64 (24 May 2013)
Property Law – interpretation of restrictive conditions embodied in title deeds relating to use of land – on undisputed facts land no longer used for the purposes specified – use of the word ‘or’ in the restrictive conditions plainly disjunctive – breach clearly
24 May
63 National Union of Public Service and Allied Workers obo Mani & Others v National Lotteries Board (576/12) [2013] ZASCA 63 (24 May 2013)
dismissal of employees automatically unfair in terms of s 187(1)(d) of the Labour Relations Act 66 of 1995, as amended, alternatively whether it was otherwise unfair.
Media Summary
24 May
62 C Shell v Oudtshoorn Municipality (481/2012) [2013] ZASCA 62 (24 May 2013)
Award of tender to a company to be formed – preincorporation contract – company never formed – preincorporation contract not ratified. Appellant sought order reviewing a decision by the municipality to
cancel the award of the tender, alleging that it had acquired rights to the contract. Held that the appellant
lacked the necessary locus standi to challenge the decision of the municipality as it was not the entity
entitled to adopt the pre-incorporation contract and consequently acquired no rights under that contract.
Media Summary
24 May
61 Todd v First Rand Bank (497/11) [2013] ZASCA 61(14 May 2013)
Where non-compliance with a requirement of Rule 46 of the Uniform Rules of Court is not material, does not defeat the purpose of the requirement and does not prejudice the judgment debtor a sale in execution is not invalid solely by reason of the non-compliance.
24 May
60 City of Tshwane Metropolitan Municipality v Mathabathe & another (502/12) [2013] ZASCA 60 (22 May 2013)
Local authority – charge upon property in favour of municipality – s 118(3) of Local Government: Municipal Systems Act 32 of 2000 – nature of security discussed.
22 May
59 Tristar Investments v The Chemical Industries National Provident Fund (455/12) [2013] ZASCA 59 (16 May 2013)
Financial Advisory and Intermediary Services Act 37 of 2002 – meaning of ‘intermediary service’.
16 May
58 Member of the Executive Council for Health, Eastern Cape Province v Kirland Investments (473/12) [2013] ZASCA 58 (16 May 2013)
Administrative law – finality of decisions – functus officio rule – effect of invalid administrative decisions – administrative action may only be set aside in proceedings properly brought for judicial review.
16 May
57 Grancy Property Limited v Manala (665/12) [2013] ZASCA 57 (10 May 2013)
Company law ─ Section 163 of the Companies Act 71 of 2008 ─ exercise of court’s discretion to grant relief from oppressive or prejudicial or abusive conduct ─ court enjoying wide latitude in the exercise of its discretion under s 163.
Media Summary
10 May
56 Mudau v The State (764/12) [2012] ZASCA 56 (9 May 2013)
Criminal law – rape – assessment of evidence in totality – adequacy of evidence to sustain conviction in circumstances where medical evidence inconclusive – sentence – prescribed minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 read with Part 1 of Schedule 2 – whether substantial and compelling circumstances exist – life sentence – 13 year old complainant – important that each case be considered on its own merits.
09 May
55 Sithole v The State (604/12) [2013] ZASCA 55 (04 April 2013)
Criminal Law - unrepresented accused - robbery with aggravating circumstances - reliability of identification - evidence of complainant not corroborated – criminal proceedings - right to a fair trial - role of Judicial officers and state prosecutors – lack of fairness and impartiality.
Media Summary
04 Apr
54* De Klerk v Steven-Lee Properties (297/12) [2013] ZASCA 54 (04 April 2013)
Whether clause in an agreement for the sale of immovable property creates a suspensive condition- Tacit term- proper formulation- Local authority.
Media Summary
04 Apr
53 Mthimkhulu v The State (547/12) [2013] ZASCA 53 (4 April 2013)
Sentence ─ Imprisonment ─ Non-parole period ─ Section 276B(2) of Criminal Procedure Act 51 of 1977 ─ Sentencing court enjoying discretion whether or not to fix a non-parole period.
Non-parole period ─ determination of ─ parties entitled to be heard on whether or not to fix a non-parole period and the length of such period.
Media Summary
04 Apr
52 Kadoma Trading (Pty) Ltd v Noble Crest CC (452/12) [2013] ZASCA 52 (28 March 2013)
Close Corporations Act 69 of 1984 ─ interpretation of deeming provisions of section 26(7) – effect of restoration of the registration of a deregistered corporation that the corporation is deemed not to have been deregistered at all and acts performed between deregistration and restoration are validated retroactively.
28 Mar
51 Zondo v S (627/12) [2013] ZASCA 51 (28 March 2013)
Criminal procedure - sentence – imprisonment – cumulative effect of a sentence of a total of 39 years imprisonment in respect of two separate convictions for robbery committed with aggravating circumstances - sentence held to induce a sense of shock and reduced accordingly.
28 Mar
50 Minister of Mineral Resources of the RSA v Sishen Iron Ore (394/12) [2013] ZASCA 50 (28 March 2013)
Effect of failure of one co-holder of an ‘old order mining right’ to convert that right in accordance with Item 7 of Schedule II to the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is that on the expiry of the prescribed five year period that co-holder’s undivided share in the ‘old order mining right’ ceases to exist as provided by Item 7 (8) of Schedule II and the co-holder whose undivided share in the right has been converted becomes the sole holder of the mining right in terms of the MPRDA. The Minister therefore cannot allocate the share of the ‘old order mining right’ that was not converted or any share of the mining right in terms of the MPRDA.
Media Summary
28 Mar
49 Mafoho v The State (149/12) [2013] ZASCA 49 (28 March 2013)
Parole – the Parole and Correctional Supervision Amendment Act 87 of 1997 – eligibility to parole of prisoners serving determinate sentences – a prisoner serving a determinate sentence must be considered for parole after having served half of his or her sentence, provided that no such prisoner shall serve more than 25 years of imprisonment.
28 Mar
48 Irwing 514 CC v Mngani Property 4 (Pty) Ltd (297/11) [2013] ZASCA 48 (28 March 2013)
Appeal – purchase and sale of shopping centre – default on payment schedule –cancellation of sale – claim for return of moneys already paid – counterclaim for damages – counterclaim referred to trial and postponed in terms of Uniform rule 22(4) – order in terms of that rule for payment into trust account pending determination of counterclaim impermissible – appeal upheld.
Cross appeal - notice of default containing sufficient detail – letter of cancellation therefore proper – cross-appeal dismissed.
Media Summary
28 Mar
47 Toya-Lee van Wyk v The State (575/11) [2013] ZASCA 47 (28 March 2013)
Murder – mens rea – doctrine of common purpose – act of another imputed to appellant – insufficient evidence to satisfy requirements to found common purpose and therefore criminal liability – conviction and sentence set aside.
Media Summary
28 Mar
46 Independent Outdoor Media v City of Cape Town (222/12) [2013] ZASCA 46 (28 March 2013)
City of Cape Town’s Outdoor Advertising and Signage Bylaw ─ Validity thereof ─ City having had the legislative authority to enact the Bylaw ─ Bylaw not void for vagueness ─ differentiation between first party and third party advertising having a rational government purpose ─ Bylaw not invalid.
Media Summary
28 Mar
45 Food & Allied Workers Union v Ngcobo (353/12) [2013] ZASCA 45 (28 March 2013)
A trade union is liable for damages if it fails to perform the mandate which it accepted to represent its members before the Commission for Conciliation, Mediation and Arbitration, and the Labour Court ─
the measure of damages is the amount of the award that would have been made if the claims for wrongful dismissal had succeeded.
28 Mar
44 Nevhutalu v S (692/12) [2013] ZASCA 44 (28 March 2013)
Sentence – pointing of firearm – contravention of s 39(1)(i) read with ss 1 and 12 of Act 75 of 1969 as amended – sentence of 6 months imprisonment, warranting interference on appeal.
Media Summary
28 Mar
43 Mugridge v S (657/12) [2013] ZASCA 43 (28 March 2013)
Criminal Law – rape, indecent assault, crimen injuria – whether the trial court erred in convicting the Appellant – absence of consent – consent through conduct – whether it is not reasonably possibly true
that the Appellant believed that the complainant had consented to the intercourse – sexual grooming – whether the sentence is shockingly inappropriate.
Media Summary
28 Mar
42 Imperial Bank Limited v Hendrick Barnard NO (349/12) [2013] ZASCA 42 (28 March 2013)
Company Law – winding-up – Liquidators – Proceedings brought by liquidators in representative capacities – s 386(4)(a) of Act 61 of 1973 - whether process served on company’s debtor interrupted prescription.
Media Summary
28 Mar
41 Alfred Mnisi v The State (531/12) [2013] ZASCA 41 (28 March 2013)
Criminal law – murder - appeal on fact – defence of self-defence rejected.
28 Mar
40 Department of Correctional Services & another v POPCRU & others (107/12) [2013] ZASCA 40 (28 March 2013)
Labour Relations Act 66 of 1995 – section 187(1)(f) – departmental dress code prohibiting wearing of dreadlocks by male correctional officers – whether dismissal of Rastafari and Xhosa respondents for refusing to cut their dreadlocks worn in observance of sincerely held religious and cultural beliefs discriminatory and automatically unfair on grounds of religion, culture and gender – meaning of s 187(2)(a).
28 Mar
39* Die Minister van Polisie v Van der Vyver (861/11) [2013] ZASCA 39 (28 March 2013) * Afrikaans only
Kwaadwillige vervolging – aksie gebaseer op twee onjuiste verklarings deur lede van die SAPD – ten aansien van eerste verklaring – bevind dat kousale verband tussen verklaring en respondent se vervolging nie bewys is nie – ten aansien van tweede verklaring bevind dat animus iniuriandi nie bewys is nie – grondwetlike eis vir skadevergoeding ook onsuksesvol.
Media Summary
28 Mar
38 Leon Smith v The State (595/12) [2013] ZASCA 38 (28 March 2013)
Criminal Procedure – leave to appeal against a refusal of leave to appeal – right to a fair trial as a ground for leave to appeal.
Media Summary
28 Mar
37 Nel v Oudtshoorn Municipality (247/12) [2013] ZASCA 37 (28 March 2013)
Review – Local Government: Municipal Systems Act 32 of 2000 – reinstatement of municipal manager after dismissal – whether constitutes fresh appointment requiring compliance with provisions of the Act.
Media Summary
28 Mar
36 Law Society of the Cape of Good Hope v MW Randell (341/12) [2013] ZASCA 36 (28 March 2013)
Application for stay of civil proceedings pending finalisation of criminal proceedings ─ nature of discretion vesting in the court to grant stay ─ accused not compelled to make statement in civil proceedings ─ right to remain silent not violated ─ prejudice justifying intervention not shown.
Media Summary
28 Mar
35 Mashike and Ross NNO v Senwesbel (253/12) [2013] ZASCA 35 (28 March 2013)
Section 38 of Companies Act 61 of 1973 – financial assistance for the purpose of or in connection with
purchase of company’s shares – s 85 – validity of transactions – severability of purchase and subsequent cession from giving of financial assistance – joinder of vendors – referral to evidence.
Media Summary
28 Mar
34 Makgatho v S (732/12) [2013] ZASCA 34 (28 March 2013)
Criminal Law – murder – mens rea – intention to kill – dolus eventualis – test subjective – discharging firearm fully aware and reckless of the danger posed to those in vicinity and deceased in particular.
Media Summary
28 Mar
33 Leadtrain Assessments (Pty) Ltd v Leadtrain (Pty) Ltd (427/12) [2013] ZASCA 33 (28 March 2013)
Arbitration awards in terms of the Arbitration Act 42 of 1965 – final and binding in terms of s 28 – correct interpretation of s 32(2) – no good cause shown for remittal.
28 Mar
32 Nkosi v The State (470/12) [2013] ZASCA 32 (27 March 2013)
Criminal procedure – appeal – appellant dying before appeal heard – appeal struck off the roll.
27 Mar
31 Radebe v S (726/12) [2013] ZASCA 31 (27 March 2013)
When determining an appropriate sentence of imprisonment, the period spent by an accused in detention while awaiting trial, conviction and sentence should not be assessed mechanically in reducing the period of imprisonment to be imposed. Appeal against sentences for robbery with aggravating circumstances dismissed.
27 Mar
30 Mabunda v S (765/12) [2013] ZASCA 30 (27 March 2013)
Robbery with aggravating circumstances ─ two counts of robbery committed at gunpoint the same night ─ appellant sentenced to two sentences of 15 years’ imprisonment that were not ordered to run concurrently ─ effective sentence of 30 years’ imprisonment too severe ─ on appeal, sentences ordered to run concurrently for a period of 12 years resulting in an effective sentence of 18 years’ imprisonment.
Media Summary
27 Mar
29 AllPay Consolidated Investment Holdings & others v The Chief Executive Officer of the South African Social Security Agency & others (678/12) [2013] ZASCA 29 (27 March 2013)
Public tender – whether irregularities invalidating contract – whether remedy to be granted if contract had been invalid.
27 Mar
28 Macleod v Kweyiya (365/12) [2013] ZASCA 28 (27 March 2013)
Section 12(3) of the Prescription Act 68 of 1969 – constructive knowledge – onus on the defendant to prove – no evidentiary burden on the defendant to testify unless prima facie case established – no negative inference to be drawn from failure by the defendant to testify – s 12(3) of the Prescription Act seeks to prevent not innocent but negligent inaction.
Media Summary
27 Mar
27 Sewnarain v S (877/12) [2013] ZASCA 27 (25 March 2013)
Appeal against refusal of bail ─ no exceptional circumstance shown as required by s 60(11)(a) of Criminal Procedure Act 51 of 1977 ─ appeal dismissed.
25 Mar
26 Tsung v IDC (173/2012) [2013] ZASCA 26 (25 March 2013)
Directors of a company held liable under s 424(1) of the Companies Act 61 of 1973 for conducting the business of the company at a time when it was insolvent, and knowing that the company would not be able to pay its creditors, by concluding transactions for their own gain.
Media Summary
25 Mar
25 First Rand Bank v Brera (385/2012) [2013] ZASCA 25 (25 March 2013)
Construction guarantee in favour of sub-contractor – interpretation of – liability not affected by events occurring after due date
Media Summary
25 Mar
24 Picbel Groep Voorsorgfonds v Somerville (405/12) [2013] ZASCA 24 (22 March 2013)
Apportionment of Damages Act 34 of 1956 – s 2(2)(b) read with s 2(12) – proceedings on exception – whether upon every interpretation which the particulars of claim and annexures can reasonably bear no cause of action disclosed.
Media Summary
22 Mar
23 Banda v Van der Spuy (781/11) [2013] ZASCA 23 (22 March 2013)
Knowledge by the sellers of a house that its roof was latently defective and that repairs to it had not properly rectified the latent defect, which they fraudulently concealed, vitiated the effect of a voetstoots clause – an alternative cause of action based upon a fraudulent misrepresentation by the sellers as to the existence of a guarantee in respect of the repairs, which induced the buyers to purchase the house – alternatively, agree upon the price, was causally related to the damage suffered, being the cost of repairing the roof – this was so despite the fact that the guarantee did not cover all of the defects which caused the roof to leak and sellers were unaware of an additional cause of the leak.
Media Summary
22 Mar
22 Dulce Vita v Chris van Coller (192/12) [2013] ZASCA 22 (22 March 2013)
Neither the contravention of s 11 of the Banks Act 94 of 1990, by accepting deposits from investors in a ‘public property syndication scheme’ as defined in Notice 459 issued in terms of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988 – nor the failure to comply with that Notice, by withholding the prescribed information – render the scheme itself or the agreements entered into to give effect to the scheme, unlawful and null and void ab initio.
22 Mar
21 Maselani v The State (511/12) [2013] ZASCA 21 (22 March 2013)
Criminal law – s 1 of act 51 of 1977 – robbery with aggravating circumstances – determination of whether grievous bodily harm has been established – consequences to the victim of the robbery is a relevant factor to be considered.
Media Summary
22 Mar
20 Humphreys v The State (424/12) [2013] ZASCA 20 (22 March 2013)
Collision between train and minibus – 10 passengers in minibus died and 4 seriously injured – driver of minibus convicted in High Court of murder and attempted murder – on appeal defence of automatism considered but not upheld – held further that negligence had been established but not dolus eventualis – convictions of murder consequently replaced with culpable homicide and convictions of attempted murder set aside – effective sentence of 20 years’ imprisonment reduced to 8 years.
Media Summary
22 Mar
19 The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas (323/12) [2013] ZASCA 19 (20 March 2013)
Where A transfers money from his bank account to B’s bank account pursuant to an agreement induced by B’s fraudulent misrepresentation, B’s personal right to the credit falls to his insolvent estate
on sequestration.
Media Summary
20 Mar
18 Lykes Lines Ltd v Vereeniging Meat Packers (279/12) [2013] ZASCA 18 (20 March 2013)
Breach of Contract ─ Shipping line claiming damages for nonreturn of container ─ Shipping line failing to prove that it suffered damages ─ appeal dismissed with costs.
Media Summary
20 Mar
17 Master Currency v CSARS (155/12) [2013] ZASCA 17 (20 March 2013)
Value-Added Tax – supply of services – bureaux de change – duty free areas at international airport – whether services should be zero rated – s 11(2)(l) of Value-Added Tax Act 89 of 1991.
Media Summary
20 Mar
16 Cape Empowerment Trust Ltd v Fisher Hoffman Sithole (200/11) [2013] ZASCA 16 (20 March 2013)
Negligent misstatement – degree of negligence not relevant in considering whether or not liability should be imposed for consequent loss – wrongfulness and legal causation not established.
Media Summary
20 Mar
15 The Steve Tshwete Local Municipality v Fedbond Participation Mortgage Bond Managers (Pty) Ltd (409/12) [2013] ZASCA 15 (20 March 2013)
Local authority ─ municipal charges payable by trustee or liquidator to obtain certificate in terms of s 118(1) of Local Government: Municipal Systems Act 32 of 2000 ─ period laid down in s 118(1) applicable and not period in s 89 of Insolvency Act 24 of 1936 ─ stare decisis ─ court bound by earlier decision.
Media Summary
20 Mar
14 Telkom v Mzanzi & others (383/12) [2013] ZASCA 14 (18 March 2013)
Invitation to tender – construction – which it obliged Telkom to submit to resolving disputes with tenderers.
18 Mar
13 Lagoonbay Lifestyle Estate (Pty) Ltd v The Minister for Local Government, Environmental Affairs and Development Planning of the Western Cape & others (320/12) [2013] ZASCA 13 (15 March 2012)
Land use – regulation of - regional structure plan and zoning and subdivision – applications to amend.
Media Summary
15 Mar
12 Imvula Quality Protection (Pty) Ltd v Licinio Loureiro & others (130/12) [2013] ZASCA 12 (15 March 2012)
Contract ─ Delict ─ contract concluded by appellant and first respondent for guarding services for first respondent’s property and family ─ invalidity of limited cession ─ conduct of the guard not negligent ─
respondents failed to prove breach of contractual terms and legal duty owed to them.
Media Summary
15 Mar
11 BHP Billiton PLC Inc v De Lange (189/12) [2013] ZASCA 11 (15 March 2012)
Promotion of access to Information Act 2 of 2000 ─ Right of access to information in the hands of Eskom, a public body ─ compliance with s 78(2) ─ point in limine that application to compel out of time dismissed by majority of the SCA.
Media Summary
15 Mar
10 Absa Technology v Michael's Bid a House (212/12) [2013] ZASCA 10 (15 March 2012)
Parol evidence is not admissible to alter the terms of a written agreement in the absence of a plea of rectification, fraud or simulation. A lease that does not provide for the passing of ownership at the end of its term is not one that falls under the definition of s 8(4) of the National Credit Act 34 of 2005.
15 Mar
9* General Council of the Bar v Mansingh (417/12) [2013] ZASCA 9 (15 March 2012)
Constitution – s 84(2)(k) – whether President’s power to ‘confer honours’ contemplated in the section includes the authority to appoint senior counsel – held that on the interpretation of the section in its historical perspective it includes that authority and that there is nothing in the broader context which is at odds with that interpretation.
Media Summary
15 Mar
8 Crafford v South African National Roads Agency Limited (215/2012) [2013] ZASCA 8 (14 March 2013)
Claim for damages arising out of a collision between a motorist and a kudu at night ─ appellant alleging collision due to respondent’s negligent failure to mow the grass in the road reserve ─ no direct evidence as to how the collision occurred ─ appellant failing to prove that the respondent’s
alleged negligence the cause of the collision.
Media Summary
14 Mar
7 Adlem v Arlow (782/11) [2013] ZASCA 7 (14 March 2013)
Variation of provisional costs order refused.
14 Mar
6 Chetty v The State (742/12) [2013] ZASCA 6 (14 March 2013)
Sentence – absence of probation officer’s report – necessary information placed before magistrate from bar – no need for probation officer’s report – whether appellant primary caregiver of daughter.
Media Summary
14 Mar
5 Dengetenge Holdings (Pty) Ltd v Southern Sphere Mining and Development Company Ltd & others
(619/12) [2013] ZASCA 5 (11 March 2013)

Failure to comply with rules of court – appeal lapsing – application for condonation – factors to be considered – cumulative effect of such factors – condonation refused.
Media Summary
11 Mar
4 S v Deppe & Douman (512/2012) [2013] ZASCA 4 (7 Maart 2013) * Afirkaans only
Strafproses — enkelgetuie — of direkte getuienis van enkelgetuie en omstandigheidsgetuienis voldoende is om skuldigbevinding te regverdig.
Criminal procedure – single witness – whether direct evidence of single witness and circumstantial evidence sufficient to justify conviction
07 Mar
3 Adidas AG & another v Pepkor Retail Limited (187/12) [2013] ZASCA 3 (28 February 2013)

Trade mark infringement and passing off − appellants relying on four well-known registered three parallel stripe trademarks for infringement and the same registered as well as unregistered three stripe trademarks applied to their sporting footwear for passing off − respondent’s use of two and four parallel stripes on its sporting footwear alleged to infringe the first appellant’s trademarks in terms of s 34(1)(a) of the Trade Marks Act 194 of 1993 also alleged to  pass off the respondent’s footwear as those of the appellants − respondent’s use of the two and four parallel stripes on its footwear, trademark use and not decoration or embellishment − appellants not impermissibly extending the ambit of their rights − the fact that appellants’ three parallel stripes trademarks so well-known not eliminating the likelihood of deception or confusion, but increasing it respondent’s four stripe marks infringing registered trademarks – respondent’s get-up incorporating four stripes a passing off.

28 Feb
2 Provincial Commissioner, Gauteng: SAPS v Mnguni (890/11) [2013] ZASCA 2 (22 February 2013)
Employment law – dismissal of State employee – whether dismissal may still be challenged in high court on common law grounds.
22 Feb
1* Beetge v The State (925/12) [2013] ZASCA 1 (11 February 2013)
Criminal law – application for bail pending appeal – factors to be considered.
11 Feb